New York State Court of Claims

New York State Court of Claims

MONTGOMERY v. THE STATE OF NEW YORK, #2009-038-563, Claim No. 115407, Motion No. M-77032


Synopsis


Claimant’s motion to immediately set the claim on the trial calendar denied; motion does not demonstrate authorized basis to obtain a trial preference (CPLR 3403).

Case Information

UID:
2009-038-563
Claimant(s):
ARTHUR RAY MONTGOMERY
Claimant short name:
MONTGOMERY
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115407
Motion number(s):
M-77032
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
ARTHUR RAY MONTGOMERY
Defendant’s attorney:
No appearance
Third-party defendant’s attorney:

Signature date:
September 9, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an individual incarcerated in a State correctional facility, filed the instant claim on June 19, 2008. He seeks compensation for injuries allegedly sustained as a result of defendant’s failure to implement regulations to establish and enforce non-smoking rules in facility bathrooms and showers. He moves to have the Court set a trial date in September 2009. Defendant has not submitted papers on the motion. The motion will be denied. Claimant’s submission does not provide an authorized basis for obtaining a trial preference (see CPLR 3403). The trial of this claim will be scheduled in due course in accordance with the scheduling practices of the Chief Clerk of the Court of Claims. Accordingly it is

ORDERED, that Motion No. M-77032 is DENIED.

September 9, 2009
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims


Papers considered
:


(1) Claim No. 115407, filed June 19, 2008;

(2) Motion for Trial, sworn to July 24, 2009;

(3) Verification of Arthur R. Montgomery, sworn to July 24, 2009;

(4) Affidavit of Service, sworn to July 24, 2009.